U.S. Customs points to two parts, namely, Customs Border Protection (U.S. Customs and Border Protection, CBP) and Immigration Customs Enforcement (U.S. Immigration and Customs Enforcement, or ICE), respectively responsible for Border Enforcement and case investigation, was established on March 1, 2003.
A, the United States customs border protection (CBP)
The establishment of CBP make for the first time in American history by a unified management of personnel and cargo port of entry into the United States.Of CBP form is designed to integrate the management of the port law enforcement resources and management skills, to improve management effectiveness and efficiency, to achieve the use of the resources of all disposable protective and defensive America from violation of convenience legitimate trade and travel legal targets at the same time.
(a) the primary mission and the main responsibility of the CBP
CBP's primary mission is to prevent terrorists and terrorist weapons into the United States.Therefore, CBP will focus on enhancing the border with the United States and the security of each port, and the geographical border security zone extended to the United States of the United States, so that the United States border from the first line of defense to the last line of defense.CBP's main responsibilities are: to find illegal immigrants and banned drugs and other contraband, protecting agricultural and economic interests from harmful animals and plants and diseases, and damage to protect American business against ipr infringement, norms and facilitate international trade, import duties, enforce the U.S. trade law.
(2) the strategy of CBP safe and convenient
As a single border management agencies in the United States, CBP to protect the United States and the national important responsibility.CBP to enhance the safety and convenience of legitimate trade and travel strategy is:
- improved risk target identifying system, to promote early access to personnel and the information of the goods arrived in the United States;
Compared with other countries (area) government and establishing partnerships with companies, in order to promote "scale out safety zone";
- use check in advance technology and configuration related equipment;
- increase border security regulation of human;
- in conjunction with other agencies to combat deception trade, intellectual property infringement, money laundering activities, and coordination under the control of the illegal drug delivery.
Second, the U.S. immigration customs enforcement (ICE)ICE has about 30000 employees, is one of the largest investigative agency in the federal government.The agency is the main investigative agency, the department of homeland security has endowed with many responsibilities: truncation, money laundering and terrorist financing to crack down on illegal arms trade, immigration fraud and human trafficking, detention and expel foreign criminals and other American think foreigners should be expelled.In addition, it also supervise the implementation of the immigration and customs laws in China, for about 9000 federal facilities protection.
Three, "9.11" after the us customs counter-terrorism security operationsThe Shield plan (Project shields America) : us customs fighting international fears?Mission, there are two aspects: one is to protect the American public, to prevent weapons of mass destruction and other terror apparatus to enter the United States;Another is to prevent the
terrorists and committed crimes of international organizations from outside the United States and U.S. technology and material with which to build weapons of mass destruction, and weapons, funding and other support.On December 4, 2001, the United States customs shield plans to launch the United States, to the related enterprise cooperation with the United States, to stop the column name weapons and sensitive technology export dual-use strategy, prevent its technology products by terrorists and funding terrorist countries use and access.
Wednesday, June 3, 2015
Europe and the United States civil litigation reform towards the future
With the development of The Times, civil litigation system is changing, it has become the undisputed facts.Around the world, into the 90 s, the United States has embarked on the civil judicial reform.The countries around the world are modified in the trend of civil litigation system, is unwilling also lonely, on the basis of the reform of the original, are ready, in the traditional iron wall of adversary system, the parties to be forced open a gap, and with the air of penetration position right may not believe it for a new century.Germany and France is working on the reform of civil procedure.Our country also finished in the early 90 s a new formulation of the civil procedure law, and the establishment of the new civil procedure law as an opportunity, in the mid - 90 - s raised a hot wave of reform of civil trial mode, from the current practice of civil trial mode reform of some, mainly include: carry out "one pace reachs the designated position" execution of work, weaken the court before the preparation;Establish "hearing" and "debate" trial mode, the abolition of the "ask" "question type" trial system;Strengthening the evidential burden of the client, is clear about the risk of losing the burden of proof and proof;Inside the court in a wrong person, implement the responsibility system for the trial.These reforms, has achieved certain results, and there have been some misunderstanding.Especially in some areas affected by the civil action theory, will be changed in some western countries are made of old system fully transplanted to come over to our advantage.Investigate its reason, main is to introduce blindly, did not go into details of the system, to the world of civil litigation reform to don't know much.And the European and American civil procedure covers the world two big civil litigation pattern, namely the adversary litigation mode and the functions and powers doctrine lawsuit mode.For this reason, in our country civil trial reform today, it is necessary for Europe and the United States, in order to understand the trend of the civil litigation reform this sample to avoid the blindness of system transplantation.
A, the trend of the reform of the us federal civil procedure rules
In the United States, the states according to the state's constitution, make its own court system and the civil procedure law.So, we can say that the United States has yet to a unified national civil procedure law, this is the status quo of the civil procedure law of the United States.But for a long time the vast majority of states introduce the adversary traditional lawsuit system of Anglo-American law system, and states of procedures and rules of the civil lawsuit is moving into the direction of a unified, this is the actual situation of the civil procedure law of the United States.In 1938 the Supreme Court of the United States, according to the authorization of the United States congress legislation, formulated the "U.S. district court in civil procedure rules.Federal civilian rule has significant influence to the states, the civil procedure law, most now is the civil procedure law of the state according to the ~ of the rules, so the federal civilian rule in fact became the most representative of the civil procedure law.
America's civil litigation in a typical client model.While some American lawyer insisted that America's civil litigation system is a model for other countries for reference, but in fact, in the United States, on the clamor for the reform the current litigation system has reached an unprecedented level.Pay before U.S. President quayle in 1991, the annual meeting of the American bar association criticized way: "it's surprising litigation costs and long term, has made us the competition ability of the inner mechanism of damage".In 1984, the then chief justice, beauty of the warren.In 1984, the United States is jointed meeting warned that "our system too spend money, too painful, too damaging, also too inefficient"
The current U.S. civil litigation problems mainly include the following:
First, the surge in lawsuits, but the judge number, less burden and to delay the proceedings.The western capitalist countries in order to establish the image and strictly limited number of judges shall say makes sense.But the judge number does not increase, as population growth in the case and the judge burden is one reason for the delay in litigation.According to statistics, 1990 a year to the United States federal and state court of civil cases to 18.4 million.The federal district court in 1990 civil cases in 207742, the United States federal district court judge, 649 people, plus subsidy judge is less than 1500 people;State court judges to head off a total of nearly 30000 people.649 by the federal court judge in 1990 of the federal court of 207742 civil cases, an average of 320 pieces, each judge had reached 1984 per person per year on average in 508.
Surge in the second, attorney fees, brings heavy burden to a party, a company or enterprise will pass on the cost to the customer, ordinary citizens at the government feared because of can not afford a lawyer.Lawsuit system of the United States is the socialism, party in the proceedings without lawyers, but the United States have no legal attorney fees system and standard, the lawyer fees completely commercialized, it is the main reason why America costs money.Western countries such as Britain, France and Germany is a strong law system, namely the parties litigation must be represented by lawyers to suit and people litigation costs within the attorney fees shall be borne by the losing party.Because of the losing party burden attorney fees for lawyers paid have unified rules of law.But the United States is not into the litigation costs, fees is decided by negotiation between the principal and lawyers.Now, the American lawyer fees are paid in time, also have to win the success of the bid calculation system of remuneration.
Wage is time according to the lawyer's experience level and the time, according to calculate how much per hour, $100 to $500 per hour.Contingent fee system is only in the case of client won, according to the proportion of the profits to pay legal fees, if client lost won't pay the attorney fees a special lawyer charges system in the United States.The charging system most used in case of infringement, antitrust and so in a sense is to facilitate the victim in the proceedings of a kind of system.Of this charge system, but the attorney fees out of control.The U.S. economy and thus a loss of $130 billion a year.The contingent fee although there is no unified regulation, but generally after the first trial to achieve prevailing judgment, is the 33.1% of the amount, if the lawyer in charge of after the appeal won consecutive, is 40%.
A, the trend of the reform of the us federal civil procedure rules
In the United States, the states according to the state's constitution, make its own court system and the civil procedure law.So, we can say that the United States has yet to a unified national civil procedure law, this is the status quo of the civil procedure law of the United States.But for a long time the vast majority of states introduce the adversary traditional lawsuit system of Anglo-American law system, and states of procedures and rules of the civil lawsuit is moving into the direction of a unified, this is the actual situation of the civil procedure law of the United States.In 1938 the Supreme Court of the United States, according to the authorization of the United States congress legislation, formulated the "U.S. district court in civil procedure rules.Federal civilian rule has significant influence to the states, the civil procedure law, most now is the civil procedure law of the state according to the ~ of the rules, so the federal civilian rule in fact became the most representative of the civil procedure law.
America's civil litigation in a typical client model.While some American lawyer insisted that America's civil litigation system is a model for other countries for reference, but in fact, in the United States, on the clamor for the reform the current litigation system has reached an unprecedented level.Pay before U.S. President quayle in 1991, the annual meeting of the American bar association criticized way: "it's surprising litigation costs and long term, has made us the competition ability of the inner mechanism of damage".In 1984, the then chief justice, beauty of the warren.In 1984, the United States is jointed meeting warned that "our system too spend money, too painful, too damaging, also too inefficient"
The current U.S. civil litigation problems mainly include the following:
First, the surge in lawsuits, but the judge number, less burden and to delay the proceedings.The western capitalist countries in order to establish the image and strictly limited number of judges shall say makes sense.But the judge number does not increase, as population growth in the case and the judge burden is one reason for the delay in litigation.According to statistics, 1990 a year to the United States federal and state court of civil cases to 18.4 million.The federal district court in 1990 civil cases in 207742, the United States federal district court judge, 649 people, plus subsidy judge is less than 1500 people;State court judges to head off a total of nearly 30000 people.649 by the federal court judge in 1990 of the federal court of 207742 civil cases, an average of 320 pieces, each judge had reached 1984 per person per year on average in 508.
Surge in the second, attorney fees, brings heavy burden to a party, a company or enterprise will pass on the cost to the customer, ordinary citizens at the government feared because of can not afford a lawyer.Lawsuit system of the United States is the socialism, party in the proceedings without lawyers, but the United States have no legal attorney fees system and standard, the lawyer fees completely commercialized, it is the main reason why America costs money.Western countries such as Britain, France and Germany is a strong law system, namely the parties litigation must be represented by lawyers to suit and people litigation costs within the attorney fees shall be borne by the losing party.Because of the losing party burden attorney fees for lawyers paid have unified rules of law.But the United States is not into the litigation costs, fees is decided by negotiation between the principal and lawyers.Now, the American lawyer fees are paid in time, also have to win the success of the bid calculation system of remuneration.
Wage is time according to the lawyer's experience level and the time, according to calculate how much per hour, $100 to $500 per hour.Contingent fee system is only in the case of client won, according to the proportion of the profits to pay legal fees, if client lost won't pay the attorney fees a special lawyer charges system in the United States.The charging system most used in case of infringement, antitrust and so in a sense is to facilitate the victim in the proceedings of a kind of system.Of this charge system, but the attorney fees out of control.The U.S. economy and thus a loss of $130 billion a year.The contingent fee although there is no unified regulation, but generally after the first trial to achieve prevailing judgment, is the 33.1% of the amount, if the lawyer in charge of after the appeal won consecutive, is 40%.
The risk of American lawyers fees
On July 12, 2002, the central television broadcast the "today" between client and entrusted a lawyer together because of the risk to attorney fees issue and agent for the dispute.Originally, lengshuijiang city, hunan province, hunan is law firm lawyers Huang Junxian and loudi bimodal county dafeng village villagers li-xin peng to sign a copy of the contract on criminal litigation risk agency, which regulates "ShangSuFei 5000 yuan, each take half, but is adjudged increased costs will each half".As a result, the second instance finally won.Is adjudged increased by 140000 yuan in accordance with the stipulations of the contract, the lawyer can take 70000 yuan fee.However, at this moment, li-xin peng suddenly complained to local court, the people's congress huang fool 70000 yuan for compensation, the parties also require the contract invalid.After the broadcast, in the social from all walks of life and even legal science and the judiciary has aroused widespread attention.In fact, the focus of the case is whether huang should be should not take this 70000 yuan.In order to let everyone on the lawyer's risk agency fees have more knowledge and understanding, the author of American law risk agency fee a simple introduction.
American lawyers fees have a variety of ways, risk agency fee is one of the important ways.In the United States, risk agency fee referred to as "Contingency feeds".The "Contingency" contains this kind of reward is accidental, possible, therefore, is a risk."Fee" or "reward" meaning.The so-called "Contingency feeds", that is to say, lawyers get paid depends on the agent's case for court to pay a certain percentage of the total.In other words, if you hired a lawyer to help you engage in a lawsuit, if lost the lawsuit, the lawyer won't get any compensation.But you still have to pay the costs and expenses on lawyers for the lawyer to handle the case and take "expenses".In the United States, the proportion of the lawyer's risk agency fees vary, the general proportion is a third.Some lawyers, on the basis of the specific case progress, increase or decrease in proportion to their share of the payment.
These even in the United States, of course, the height of the autonomy of democracy, the risk of lawyer fees is not follow one's inclinations, but is limited by some and constraints.First of all, the risk of agency fee is not applicable to all cases.In general, this type of charging methods can in personal injury, property claims or other cases involving a large amount of money.However, in some specific types of cases, such as crime and child custody cases, lawyers are forbidden to accept risk agency remuneration.Is very special, in the divorce case, if you become the defendant;Or what you need is the commercial trade in the general legal services, risk agency fee is not appropriate.Second, the court can for lawyers to risk agency charged by the total number of remuneration offer certain restrictions
American lawyers fees have a variety of ways, risk agency fee is one of the important ways.In the United States, risk agency fee referred to as "Contingency feeds".The "Contingency" contains this kind of reward is accidental, possible, therefore, is a risk."Fee" or "reward" meaning.The so-called "Contingency feeds", that is to say, lawyers get paid depends on the agent's case for court to pay a certain percentage of the total.In other words, if you hired a lawyer to help you engage in a lawsuit, if lost the lawsuit, the lawyer won't get any compensation.But you still have to pay the costs and expenses on lawyers for the lawyer to handle the case and take "expenses".In the United States, the proportion of the lawyer's risk agency fees vary, the general proportion is a third.Some lawyers, on the basis of the specific case progress, increase or decrease in proportion to their share of the payment.
These even in the United States, of course, the height of the autonomy of democracy, the risk of lawyer fees is not follow one's inclinations, but is limited by some and constraints.First of all, the risk of agency fee is not applicable to all cases.In general, this type of charging methods can in personal injury, property claims or other cases involving a large amount of money.However, in some specific types of cases, such as crime and child custody cases, lawyers are forbidden to accept risk agency remuneration.Is very special, in the divorce case, if you become the defendant;Or what you need is the commercial trade in the general legal services, risk agency fee is not appropriate.Second, the court can for lawyers to risk agency charged by the total number of remuneration offer certain restrictions
Don't have the money to counsel americans how to engage in a lawsuit?
Many people in the United States to defend their rights not hesitate heavy gold to hire lawyers engage in a lawsuit.But for the poor the poverty line how to do?Please see the following case.
Panama city, Florida, us, on June 3, 1961 a billiard stolen, the thief broke the glass house, steal some vending machines COINS.Witnesses to the police, said he saw basement in billiard (51 years old, the poor).Basal no culture, when the police found him, found that the basal well contained some COINS in the pocket, then arrested him and charged him with burgle.
Basal well there is no money to ask a lawyer, he will ask the court assigned a lawyer.Unless it is death, but the judge said, the court has no obligation to defend the poor pay fees.So the basement had to himself when he held court.As a result, he was sentenced to break theft, this is a felony in Florida, due to the basement has a criminal record, was sentenced to five years.
As a result, the basal well in jail term started studying law.He found that the Florida attorney, refused to give him has violated the constitution article 6 and article 14 amendment of his rights.Amendment to article 6. All criminal proceedings, the defendant enjoys rapid public trial by impartial jury, and get a lawyer to help defend the rights.14th amendment is pointed out that, without due process of law, shall not be deprived of anyone's life, liberty and property.Base to the Florida Supreme Court to lodge a complaint in prison, and authorities as illegal detention, asking the court to release him.Florida Supreme Court rejected his request.Basal still deathless heart, he filed a complaint to the Supreme Court, asking the court to accept his suit.Unexpectedly to the Supreme Court agreed to his request, and specify the famous American lawyer, served as his defenders.Appointed by President Johnson for the blessing, after the United States Supreme Court.
Fordham university law school in New York, says professor Martin federal Supreme Court basement of landmark.Because the Supreme Court of the United States each year received about 5000 complaints, but finally decided to examine the only hundreds of copies.The semiliterate prisoners could even write a petition, and let the federal Supreme Court hearing his case, the fact itself is serious, his opinion is finally able to win more than usual.
On January 15, 1963, the Supreme Court is the basal en sued Florida prison director Wright a hearing a case, the court debate on both sides is not provide basal grace Florida attorney is in violation of the constitution article 6 and the 14th amendment.
On March 18, 1963, the Supreme Court unanimously ruled basal well appointed lawyer shall have the right to require the state to defend him, and all felony criminal case the defendant shall have the right to require the lawyer to help defend.
Blake said in a statement on behalf of the court, a judge anyone because of poverty can not afford a lawyer is not a lawyer to court later, can't ensure that he can get a fair trial and criminal court in the United States law is a must rather than a luxury.Basal grace case established a criminal defendant lawyers rights.
The Supreme Court in making the decision of the Florida Supreme Court returned the case court at the same time, the Florida Supreme Court sent the case back to local tour to review again.Basement, in the process of review the initiative to give up appointed lawyer, himself, he claimed to his review has double
interrogations.In accordance with the provisions of the fifth amendment of the constitution of the United States, no one shall be for the same offence twice by the dangers of life or body.The judge explained that due to the defendant for appeal for retrial does not constitute a double interrogations.The jury acquitted him later, basal finally released from prison.
Panama city, Florida, us, on June 3, 1961 a billiard stolen, the thief broke the glass house, steal some vending machines COINS.Witnesses to the police, said he saw basement in billiard (51 years old, the poor).Basal no culture, when the police found him, found that the basal well contained some COINS in the pocket, then arrested him and charged him with burgle.
Basal well there is no money to ask a lawyer, he will ask the court assigned a lawyer.Unless it is death, but the judge said, the court has no obligation to defend the poor pay fees.So the basement had to himself when he held court.As a result, he was sentenced to break theft, this is a felony in Florida, due to the basement has a criminal record, was sentenced to five years.
As a result, the basal well in jail term started studying law.He found that the Florida attorney, refused to give him has violated the constitution article 6 and article 14 amendment of his rights.Amendment to article 6. All criminal proceedings, the defendant enjoys rapid public trial by impartial jury, and get a lawyer to help defend the rights.14th amendment is pointed out that, without due process of law, shall not be deprived of anyone's life, liberty and property.Base to the Florida Supreme Court to lodge a complaint in prison, and authorities as illegal detention, asking the court to release him.Florida Supreme Court rejected his request.Basal still deathless heart, he filed a complaint to the Supreme Court, asking the court to accept his suit.Unexpectedly to the Supreme Court agreed to his request, and specify the famous American lawyer, served as his defenders.Appointed by President Johnson for the blessing, after the United States Supreme Court.
Fordham university law school in New York, says professor Martin federal Supreme Court basement of landmark.Because the Supreme Court of the United States each year received about 5000 complaints, but finally decided to examine the only hundreds of copies.The semiliterate prisoners could even write a petition, and let the federal Supreme Court hearing his case, the fact itself is serious, his opinion is finally able to win more than usual.
On January 15, 1963, the Supreme Court is the basal en sued Florida prison director Wright a hearing a case, the court debate on both sides is not provide basal grace Florida attorney is in violation of the constitution article 6 and the 14th amendment.
On March 18, 1963, the Supreme Court unanimously ruled basal well appointed lawyer shall have the right to require the state to defend him, and all felony criminal case the defendant shall have the right to require the lawyer to help defend.
Blake said in a statement on behalf of the court, a judge anyone because of poverty can not afford a lawyer is not a lawyer to court later, can't ensure that he can get a fair trial and criminal court in the United States law is a must rather than a luxury.Basal grace case established a criminal defendant lawyers rights.
The Supreme Court in making the decision of the Florida Supreme Court returned the case court at the same time, the Florida Supreme Court sent the case back to local tour to review again.Basement, in the process of review the initiative to give up appointed lawyer, himself, he claimed to his review has double
interrogations.In accordance with the provisions of the fifth amendment of the constitution of the United States, no one shall be for the same offence twice by the dangers of life or body.The judge explained that due to the defendant for appeal for retrial does not constitute a double interrogations.The jury acquitted him later, basal finally released from prison.
What is the rate of American law
Recognized in the United States, there are two kinds of high income people, lawyers and doctors.Of course, there are a lot of other work income is also high, now is only to calculate.So, as their customers, paying nature is very high.So, how does lawyer charge?
Generally speaking, the lawyer fees have four major categories:
Charge by the hour
A fixed price per one case
Down payment, according to the actual hours
Prevailing fees
Charge is the most common way by the hour.If not is prior to free consultation, speak well is charge by the hour, be careful of is you talk to lawyer about good interview, you sit down and talk to a lawyer, began to billing.You'd better not gush about some trivial matters, because every minute count your money.Other matters should be paid attention by the hour, the instructions are in the down payment the content below.
In fact, if is according to the fixed price charge, when lawyers on the case, is also the time it takes him about them to calculate the price.
Down-payment, calculated by the hour this way, if not have indicated in the contract, in general, the prepaid deposit, if according to the actual settlement after the left, it is not a refund, so you have to pay attention to you and lawyer fee contract.If you after the down payment, you don't want to please the lawyer, don't expect you can returned the imprest gold, unless you sign a contract, except where noted.Is calculated by the hour, according to lawyers' in your time in this case, including lawyers and lawyers assistant's time.Even if a call or send an email, billing,.Customers during this case, call me Lawyer, talk time is also money.The time is basically by the lawyer to send the bill to you in the past, you will know how to calculate time.In general, I seldom speak to americans of all of our bills in question;But for customers are Chinese, they will basically said the bill is wrong, time is much, among them, some people will say we calculate twice as much, some people will say we count for at least three times more.They complained to complain, but still have to press our bills to pay, because they have the cause of the advance payment, so, don't worry about not receive money.As long as the imprest gold ran out, the case will stay there motionless, even if it needs to appear in court, and make advance payment to the account, such as customer will continue to handle a case.For individual has a good reputation, customers may grace for a few days, but the situation is less.Also true that if not have special case, the credibility of a good customer, always very actively to run out of the advance payment.For this kind of payment method, I for those Chinese customers, before open the case, always need to spend a lot of time explaining how to charge.
Successful way to charge, it is the case won, will charge.Is usually for some civil lawsuit cases involving compensation.For example, insurance, accidental injury, medical accident, etc.In general, the amounts involved is larger.Lawyers into usually favour with customers, win to the amount of money namely, lawyer with 30%.Also there are very few get 40%.Lawyer to write out the lawsuit, amount of compensation in the form paper, will open a mouth: lion can write how much will write how much, to win as much.Anyway, write more and not breaking the law.Many people do this lawyer tube "junk" lawyer.
For billing by the hour, the United States attorney's social status have different, different areas, charge is different;Experience is different, the charge is also different;The lawyer floor size, charge is different also.Their price difference is very big: from between $50 to $1000 per hour.According to the American bar association, the national average fee is $284 per hour;In the northeast of the average fee is $319 per hour;Western fee is $296 per hour;The central rate of $264.If there are only 10 below the lawyer floor, the average rate of $262, big lawyer (more than 150 lawyers), average hourly rate of $333.The lawyer assistant of the time it takes to also want to count, between $50 to $100 per hour, some even $150.Before my lawyer to customers in the middle of calculating my time is $100 per hour.I have a lawyer floor of lawyer, collect fees from between $200 to $400 per hour.
Generally speaking, the lawyer fees have four major categories:
Charge by the hour
A fixed price per one case
Down payment, according to the actual hours
Prevailing fees
Charge is the most common way by the hour.If not is prior to free consultation, speak well is charge by the hour, be careful of is you talk to lawyer about good interview, you sit down and talk to a lawyer, began to billing.You'd better not gush about some trivial matters, because every minute count your money.Other matters should be paid attention by the hour, the instructions are in the down payment the content below.
In fact, if is according to the fixed price charge, when lawyers on the case, is also the time it takes him about them to calculate the price.
Down-payment, calculated by the hour this way, if not have indicated in the contract, in general, the prepaid deposit, if according to the actual settlement after the left, it is not a refund, so you have to pay attention to you and lawyer fee contract.If you after the down payment, you don't want to please the lawyer, don't expect you can returned the imprest gold, unless you sign a contract, except where noted.Is calculated by the hour, according to lawyers' in your time in this case, including lawyers and lawyers assistant's time.Even if a call or send an email, billing,.Customers during this case, call me Lawyer, talk time is also money.The time is basically by the lawyer to send the bill to you in the past, you will know how to calculate time.In general, I seldom speak to americans of all of our bills in question;But for customers are Chinese, they will basically said the bill is wrong, time is much, among them, some people will say we calculate twice as much, some people will say we count for at least three times more.They complained to complain, but still have to press our bills to pay, because they have the cause of the advance payment, so, don't worry about not receive money.As long as the imprest gold ran out, the case will stay there motionless, even if it needs to appear in court, and make advance payment to the account, such as customer will continue to handle a case.For individual has a good reputation, customers may grace for a few days, but the situation is less.Also true that if not have special case, the credibility of a good customer, always very actively to run out of the advance payment.For this kind of payment method, I for those Chinese customers, before open the case, always need to spend a lot of time explaining how to charge.
Successful way to charge, it is the case won, will charge.Is usually for some civil lawsuit cases involving compensation.For example, insurance, accidental injury, medical accident, etc.In general, the amounts involved is larger.Lawyers into usually favour with customers, win to the amount of money namely, lawyer with 30%.Also there are very few get 40%.Lawyer to write out the lawsuit, amount of compensation in the form paper, will open a mouth: lion can write how much will write how much, to win as much.Anyway, write more and not breaking the law.Many people do this lawyer tube "junk" lawyer.
For billing by the hour, the United States attorney's social status have different, different areas, charge is different;Experience is different, the charge is also different;The lawyer floor size, charge is different also.Their price difference is very big: from between $50 to $1000 per hour.According to the American bar association, the national average fee is $284 per hour;In the northeast of the average fee is $319 per hour;Western fee is $296 per hour;The central rate of $264.If there are only 10 below the lawyer floor, the average rate of $262, big lawyer (more than 150 lawyers), average hourly rate of $333.The lawyer assistant of the time it takes to also want to count, between $50 to $100 per hour, some even $150.Before my lawyer to customers in the middle of calculating my time is $100 per hour.I have a lawyer floor of lawyer, collect fees from between $200 to $400 per hour.
American immigrants and occupational classification
Immigration to the United States, it is to point to those who have already been approved foreigners can live and work permanently in the United States. If you want to be a professional immigrants in the United States have a permanent job, or as an employer, to help employees to deal with this kind of immigrant, you must understand the following contents:
1. The foreigners and employers must determine whether the foreigners to become eligible for immigration regulations legal permanent resident of one of the legal way.
2. Most of the American professional immigration category that requires the employer to complete the Labor certification for the applicant request ETA 750 (FORM), and submitted to the Department of Labor Employment and Training Administration (Department of Labor 's Employment and Training Administration). The workers must either accept or deny the authentication request. But in the United States Department of health and human services accredited medical doctor insufficient resources region has the qualifications of practicing foreign physicians exempt from this provision.
3. The immigration department must approve the immigrant visa application first, namely: the FORM of a 140, Petition for Alien Worker, for a person wishing to immigrate to the United States. Employers should employees working for to be permanently in the United States put forward the application. However, if you need to get the department of labor certification, can only be put forward after the certification application. The employer is to live and work in the United States for a long time of the applicant (or beneficiary) co-organiser.
4. The state council must be an immigrant visa number to the applicant (immigrant visa number), even if the applicant has in the United States. When the applicant received immigrant visa number, means that the immigrant visa has been granted to the applicant. The applicant may through the state department's visa bulletin check the progress of the visa number.
5. If the applicant has in the United States, the applicant must apply only after the expiry of the visa number scheduling adjust status to permanent resident. If the applicant is outside the United States, when after the immigration visa expires scheduling, the applicant will be notified, then the us consulate in the local office to complete the process.
Professional immigrants a total of four categories:
1, EB - 1: Priority workers
In science, art, education, business, or have outstanding sports field to foreigners
Professor, outstanding foreign and foreign researchers
, as a result of international migration and foreign managers and administrators to the United States
2、EB-2 Professionals with advanced degrees or persons with exceptional ability
In science, art, or business has the uncanny ability of foreign nationals
Foreign professionals, with advanced degrees
In the practice of the lack of doctors region, qualified foreign doctors practicing medicine
3, EB - 3 Skilled or professional workers
Foreign workers, has a bachelor's degree (or though have advanced degrees, but is not in conformity with the EB2 application conditions)
, skilled workers (at least 2 years work experience and training)
Foreign unskilled workers
4, EB - 4 Special Immigrants
Foreign religious workers
, the U.S. government to former or current employees overseas
1. The foreigners and employers must determine whether the foreigners to become eligible for immigration regulations legal permanent resident of one of the legal way.
2. Most of the American professional immigration category that requires the employer to complete the Labor certification for the applicant request ETA 750 (FORM), and submitted to the Department of Labor Employment and Training Administration (Department of Labor 's Employment and Training Administration). The workers must either accept or deny the authentication request. But in the United States Department of health and human services accredited medical doctor insufficient resources region has the qualifications of practicing foreign physicians exempt from this provision.
3. The immigration department must approve the immigrant visa application first, namely: the FORM of a 140, Petition for Alien Worker, for a person wishing to immigrate to the United States. Employers should employees working for to be permanently in the United States put forward the application. However, if you need to get the department of labor certification, can only be put forward after the certification application. The employer is to live and work in the United States for a long time of the applicant (or beneficiary) co-organiser.
4. The state council must be an immigrant visa number to the applicant (immigrant visa number), even if the applicant has in the United States. When the applicant received immigrant visa number, means that the immigrant visa has been granted to the applicant. The applicant may through the state department's visa bulletin check the progress of the visa number.
5. If the applicant has in the United States, the applicant must apply only after the expiry of the visa number scheduling adjust status to permanent resident. If the applicant is outside the United States, when after the immigration visa expires scheduling, the applicant will be notified, then the us consulate in the local office to complete the process.
Professional immigrants a total of four categories:
1, EB - 1: Priority workers
In science, art, education, business, or have outstanding sports field to foreigners
Professor, outstanding foreign and foreign researchers
, as a result of international migration and foreign managers and administrators to the United States
2、EB-2 Professionals with advanced degrees or persons with exceptional ability
In science, art, or business has the uncanny ability of foreign nationals
Foreign professionals, with advanced degrees
In the practice of the lack of doctors region, qualified foreign doctors practicing medicine
3, EB - 3 Skilled or professional workers
Foreign workers, has a bachelor's degree (or though have advanced degrees, but is not in conformity with the EB2 application conditions)
, skilled workers (at least 2 years work experience and training)
Foreign unskilled workers
4, EB - 4 Special Immigrants
Foreign religious workers
, the U.S. government to former or current employees overseas
How to see a lawyer
Now people on the "lawyer" mixed expression and meaning of the word.It is said that in the United States is famous for its universal humor, there are a lot of jokes about up to the President, a beggar.Especially in lawyer love-hate relationship, American talent but also play the incisively and vividly.The deepest impression is: in a graveyard, had a lawyer after resting, lest the posterity forget, homemade epitaph a fair, saying, "here lies an honest man, a lawyer".As a result, he really didn't be forgotten, passing in the United States said, "it is strange that such a small tomb unexpectedly can hold two people".American humor that so.
First, the public opinion of the lawyer
Now the social public to the legal consciousness is more and more strong.There was a period in foshan television livelihood of the people shows jack Bauer hotline, even the advertising program, a total of 30 minutes even I the false lawyer, a total of four lawyers, this shows fully convincingly that law has deep into every aspect of our lives, on the other hand also illustrates the legal knowledge of the public.But the market is limited, limited resources, the cake is so big, you occupied, XX Wang Xuetang I have no chance, the society is so cruel.Your voice in the spread, those bad comments, plausible legal actually illegal's comments, there is no market, so our lawyers to be competitive and to occupy positions of public opinion.
In criminal law, each one of us can guarantee that he will not become a "suspect", so we have the regulation of "suspected crime from nothing".In addition the most important guarantee is a lawyer.If I went to prison, I would not ask a lawyer?I'm confident in my legal level, the general law are stronger than me.And, in my opinion, to counsel in criminal proceedings in our country, especially in reconnaissance, really useful.Series of lawyers and the police, prosecutors, wit and scenario occurs only in a foreign country.Course, I may also ask a lawyer, because it is not allowed to meet with his family at this stage, ask a lawyer, a greater possibility is that in order to give his family a peace.Spend money on peace, please a, if the cost is too high, and my wife afford it again.
There are many people who "long illness into medical, self-taught," this is also our country many of the early lawyer's road to success.Lawyers are not welcome in our country has a long history.Lawyer its predecessor can be traced back to "the fuck ambiguous, infinite set of" of suit mongers.Is the ancestral history of Deng Xi professional lawyer.In the era of his life, the law had entirely by nobles alone mastery of the "patent", is the secret to civilians have been not declared.Law is the lords hand privilege, nobles to fool people use law is often the things.Why Deng Xi who studies legal interests, and are a piece of iron mouth, so sharp teeth is a "RenLaiFeng" necessarily.Deng Xi often with their own knowledge and eloquence, gang written complaint, help people to engage in a lawsuit.After a long time, what happened if disputes between people, for Deng Xi went to consult a solution, of course not less to give him some gift as a reward.People engage in a lawsuit, Deng Xi agreement according to the size of the case to collect fees, big case to charge a garment, and a small case for a pair of shorts, similar to today's lawyer fees.At that time, carrying out the clothes, shorts to find Deng Xi consulting litigation is an endless stream.
There is a river called arousing in xinzheng.One year, flood Zheng Guoyou a crossing the river when he slipped and fell into the rich arousing the water drowned, its body was a poor man recovered.The rich families want to money in the body after heard that buried, playing for the body to know that the home is very rich, the poor feel too great, wild speculations, want to take cash.Rich people don't want to so much money, the two sides at loggerheads, difficult things.The feeling be nasty under, the rich family ask Deng Xi solution, Deng Xi said, you don't try so hard, the ransom money don't more.Don't worry, the other party can only sell the body to you, because in addition to you, no the second man to buy him the body, also afraid of him not to sell to you?Body cannot be stored for a long time, as long as you drag, the poor will naturally reduce the price!The rich family feel Deng Xi makes sense, waiting patiently, don't worry.After a few days not see rich to buy bodies, the poor man sit not to live, and to seek advice from Deng Xi.Deng Xi said to the poor man: don't try so hard, the penny ransom don't reduce, because each other except at here you can buy the body, is can't buy elsewhere!The poor to have a reason, don't try so hard.This is the famous "redeem resin deceit" story.
First, the public opinion of the lawyer
Now the social public to the legal consciousness is more and more strong.There was a period in foshan television livelihood of the people shows jack Bauer hotline, even the advertising program, a total of 30 minutes even I the false lawyer, a total of four lawyers, this shows fully convincingly that law has deep into every aspect of our lives, on the other hand also illustrates the legal knowledge of the public.But the market is limited, limited resources, the cake is so big, you occupied, XX Wang Xuetang I have no chance, the society is so cruel.Your voice in the spread, those bad comments, plausible legal actually illegal's comments, there is no market, so our lawyers to be competitive and to occupy positions of public opinion.
In criminal law, each one of us can guarantee that he will not become a "suspect", so we have the regulation of "suspected crime from nothing".In addition the most important guarantee is a lawyer.If I went to prison, I would not ask a lawyer?I'm confident in my legal level, the general law are stronger than me.And, in my opinion, to counsel in criminal proceedings in our country, especially in reconnaissance, really useful.Series of lawyers and the police, prosecutors, wit and scenario occurs only in a foreign country.Course, I may also ask a lawyer, because it is not allowed to meet with his family at this stage, ask a lawyer, a greater possibility is that in order to give his family a peace.Spend money on peace, please a, if the cost is too high, and my wife afford it again.
There are many people who "long illness into medical, self-taught," this is also our country many of the early lawyer's road to success.Lawyers are not welcome in our country has a long history.Lawyer its predecessor can be traced back to "the fuck ambiguous, infinite set of" of suit mongers.Is the ancestral history of Deng Xi professional lawyer.In the era of his life, the law had entirely by nobles alone mastery of the "patent", is the secret to civilians have been not declared.Law is the lords hand privilege, nobles to fool people use law is often the things.Why Deng Xi who studies legal interests, and are a piece of iron mouth, so sharp teeth is a "RenLaiFeng" necessarily.Deng Xi often with their own knowledge and eloquence, gang written complaint, help people to engage in a lawsuit.After a long time, what happened if disputes between people, for Deng Xi went to consult a solution, of course not less to give him some gift as a reward.People engage in a lawsuit, Deng Xi agreement according to the size of the case to collect fees, big case to charge a garment, and a small case for a pair of shorts, similar to today's lawyer fees.At that time, carrying out the clothes, shorts to find Deng Xi consulting litigation is an endless stream.
There is a river called arousing in xinzheng.One year, flood Zheng Guoyou a crossing the river when he slipped and fell into the rich arousing the water drowned, its body was a poor man recovered.The rich families want to money in the body after heard that buried, playing for the body to know that the home is very rich, the poor feel too great, wild speculations, want to take cash.Rich people don't want to so much money, the two sides at loggerheads, difficult things.The feeling be nasty under, the rich family ask Deng Xi solution, Deng Xi said, you don't try so hard, the ransom money don't more.Don't worry, the other party can only sell the body to you, because in addition to you, no the second man to buy him the body, also afraid of him not to sell to you?Body cannot be stored for a long time, as long as you drag, the poor will naturally reduce the price!The rich family feel Deng Xi makes sense, waiting patiently, don't worry.After a few days not see rich to buy bodies, the poor man sit not to live, and to seek advice from Deng Xi.Deng Xi said to the poor man: don't try so hard, the penny ransom don't reduce, because each other except at here you can buy the body, is can't buy elsewhere!The poor to have a reason, don't try so hard.This is the famous "redeem resin deceit" story.
The American medical accident
In the United States, medical malpractice is one of the main business of many law firms, on the one hand, because this kind of case compensation often larger, lawyers are profitable, on the other hand also because medical accidents are common in the United States.According to statistics, despite having the world's most advanced medical technology, the United States each year for medical accidents and death of the patient is still up to 50000 to 80000.
In the United States, medical accident consequence is very serious, the staff will be affected by social condemnation, may lose their jobs, and may even have been jail;The hospital's reputation would be severely affected, the patient will be sharply reduced;But undertake the medical insurance of the insurance company may be loss or even bankruptcy.Therefore, after many hospitals had cases of all sorts of reason to refuse to provide detailed information, conceal the truth, escape the legal responsibility.
Due to the constant exposure of the media and the public pressure, the us government and congress in recent years introduced a lot of law, the patients and their family members' right to know.Now has more than half of the states in legislation to ensure the rights of patients request medical record show.The ownership of the patient case has also gradually transition to the patients, the medical institution has only takes care of the responsibility.Patients as long as you pay a fee unconditionally medical institutions can be required to produce medical record.
In addition, in April 2001, America's department of health and human services announced plans to establish a nationwide online medical accident reporting system.After the completion of the system, all personnel engaged in the work of medical and unit can be through the Internet to the federal government, state government and other relevant agencies to report the relevant situations of the medical accidents, and the public can also read the related information from the Internet at any time.At present, there are at least 18 American states require medical staff in the event of a medical accident, must quote the state transfer.Government every year regularly collecting, provided by the voluntary hospitals for research.
The United States is not set up medical appraisal committee.After the medical accident, the patient usually choose find a lawyer to court.According to statistics, at present the medical malpractice lawsuit compensation by more than 50% of more than $1 million.A few years ago, a hurt by hospital nursing mistakes caused serious head boy got $97 million in damages.Huge damages on the one hand is the compensation loss and pain to the patient, is also the responsibility of doctors and hospitals warning and punishment.But hospitals and doctors I generally do not need to directly out of the money, but by the insurance company to assume the medical liability insurance compensation.But the wool is on sheep's body, in the hospital and the doctor will find in the second year pay insurance premium, their bills at least 5 times higher than the previous year.
In the United States, medical accident consequence is very serious, the staff will be affected by social condemnation, may lose their jobs, and may even have been jail;The hospital's reputation would be severely affected, the patient will be sharply reduced;But undertake the medical insurance of the insurance company may be loss or even bankruptcy.Therefore, after many hospitals had cases of all sorts of reason to refuse to provide detailed information, conceal the truth, escape the legal responsibility.
Due to the constant exposure of the media and the public pressure, the us government and congress in recent years introduced a lot of law, the patients and their family members' right to know.Now has more than half of the states in legislation to ensure the rights of patients request medical record show.The ownership of the patient case has also gradually transition to the patients, the medical institution has only takes care of the responsibility.Patients as long as you pay a fee unconditionally medical institutions can be required to produce medical record.
In addition, in April 2001, America's department of health and human services announced plans to establish a nationwide online medical accident reporting system.After the completion of the system, all personnel engaged in the work of medical and unit can be through the Internet to the federal government, state government and other relevant agencies to report the relevant situations of the medical accidents, and the public can also read the related information from the Internet at any time.At present, there are at least 18 American states require medical staff in the event of a medical accident, must quote the state transfer.Government every year regularly collecting, provided by the voluntary hospitals for research.
The United States is not set up medical appraisal committee.After the medical accident, the patient usually choose find a lawyer to court.According to statistics, at present the medical malpractice lawsuit compensation by more than 50% of more than $1 million.A few years ago, a hurt by hospital nursing mistakes caused serious head boy got $97 million in damages.Huge damages on the one hand is the compensation loss and pain to the patient, is also the responsibility of doctors and hospitals warning and punishment.But hospitals and doctors I generally do not need to directly out of the money, but by the insurance company to assume the medical liability insurance compensation.But the wool is on sheep's body, in the hospital and the doctor will find in the second year pay insurance premium, their bills at least 5 times higher than the previous year.
Theory is based on the disposition of the legal status of husband and wife couple personal property
According to paragraph 1 of article 1365 of the civil code of German, to dispose of all property requires the consent of the other party to agree.On the explanation, the main content is: (1) it is necessary to the consent of the other party agreed to "behavior" includes the following three types: the first is a spouse places burden of their duty of all property behavior;Secondly, spouse without the consent of the other party, one party consent, the obligation of burden dispose of all their property for the implementation of the behavior;The third is to have the dispose of all property meaning other legal behavior.(note: (DE) Dieter Schwab, suzuki (day) lu ", "ド イ ツ family law, and club, 1986, pp. 117-116.)(2) "all property" includes two cases: one is "a spouse places will all property for a second disposition," even if their property is only a single target.(note: Dai Dongxiong: essays on the pro is a method of east university book company, 1988, p. 196.)Secondly, "almost all property", namely "in practice, to protect the marital life, expanding explain the applicable scope, especially on the transactions of real estate registration, to the real property ownership or other property rights is a property of a spouse places the only important, make it to dispose of the property mark, should get the consent of the other".(note: the OLG Kln NJW 1971, s. 2312.) whether the transaction of property belongs to almost all of the property, on the basis of "the value of the transaction property and the value of the remaining property than a" method to determine them.However, how much is the value of trading property constitutes "almost all of the property," there is no conclusion.According to the federal court precedent, if the rest of the small property on the value reached more than 15% of all property, cannot meet the constitutive requirements of article 1365 of the;Dispose of the property on the value reached 85% of the total property value namely.(note: the Family Law in Europe, edited by Carolyn Hamilton and Kate Standley, Butterworths, 1995, p. 175.) according to the general said, in comparison, get treated by trading payment not be considered.(note: (DE) Dieter Schwab, suzuki (day) lu ", "ド イ ツ family law, and club, 1986, p. 118).(3) according to the federal court precedents, in the contract to a third party on the transaction of property is a spouse places all or almost all of the property have a positive cognition, or at least know will lead to the result of the case, 1365 is applied.(note: (DE) Dieter Schwab, suzuki (day) lu ", "ド イ ツ family law, and club, 1986, pp. 119-118.)Based on precedent and by claims on article 1365 of the consent - usually the agree with the other spouse the burden of proof burden.(note: the federal court in civil cases set 43 volumes. Pp. 177-174.)
Swiss law1. The domicile of the disciplinary right of the legal limit to the marriageIn accordance with the According to the Swiss new paragraph 1 of article 169 of the civil law, the spouse is marriage residence (matrimonial home) under the condition of all people, if be sold or mortgage, you must consent to the party.Even if the couple have been separated, the limit still applies.Whether contract to a third person aware of the contract the other party is a married person, which requires the consent of their spouses, the limit still applies.According to the new Swiss civil law article 169, paragraph 2, if a spouse places cannot obtain the consent of the other, or to each other without good reason refuses to agree, the party can be filed for court decisions from the other party's consent.In accordance with the According to a new Swiss the provisions of article 178 of the civil law, if necessary, the court may require the indicate the disciplinary right of the marital residence in the land register is restricted, and make the separate of ownership or common, enjoy the ownership of a spouse places cannot transfer property.(note: the Family Law in Europe, edited by Carolyn Hamilton and Kate Standley, Butterworths, 1995, pp. 523-524.)
Swiss law1. The domicile of the disciplinary right of the legal limit to the marriageIn accordance with the According to the Swiss new paragraph 1 of article 169 of the civil law, the spouse is marriage residence (matrimonial home) under the condition of all people, if be sold or mortgage, you must consent to the party.Even if the couple have been separated, the limit still applies.Whether contract to a third person aware of the contract the other party is a married person, which requires the consent of their spouses, the limit still applies.According to the new Swiss civil law article 169, paragraph 2, if a spouse places cannot obtain the consent of the other, or to each other without good reason refuses to agree, the party can be filed for court decisions from the other party's consent.In accordance with the According to a new Swiss the provisions of article 178 of the civil law, if necessary, the court may require the indicate the disciplinary right of the marital residence in the land register is restricted, and make the separate of ownership or common, enjoy the ownership of a spouse places cannot transfer property.(note: the Family Law in Europe, edited by Carolyn Hamilton and Kate Standley, Butterworths, 1995, pp. 523-524.)
Insurance surprise: the United States, a lawyer for his cigar "fire"
The famous lawyer bought a box of a very rare and expensive cigars, also for cigars insured against fire.As a result, he put the top cigar smokes in a month, also didn't pay insurance premium of a points, put forward to the requirements of the insurance company for compensation.In the complaint, the lawyer said cigar in a series of small damaged in the fire.Results the lawyer to court also win the lawsuit.The judge think when in the judgment, the appeal is very absurd, but the lawyer's hands do have insurance policy, the insurance company agreed to cover that any fire insurance company guarantee compensation, and not explicitly pointed out that what kind of "fire" policy is beyond the scope of
insurance.Therefore, the insurance company must pay for it.Rather than endure long costly appeal process, the insurance company decided to accept the decision, and compensation of $15000 cigars "fire".Is the most wonderful: lawyers after cash, the insurance company immediately report to the police arrested him, on charges of alleged 24 "arson".Because of his previous complaints and testimony, the lawyer immediately to "deliberately destroyed of the insured property" has been convicted on charges, to jail for 24 months, and fined us $24000.
insurance.Therefore, the insurance company must pay for it.Rather than endure long costly appeal process, the insurance company decided to accept the decision, and compensation of $15000 cigars "fire".Is the most wonderful: lawyers after cash, the insurance company immediately report to the police arrested him, on charges of alleged 24 "arson".Because of his previous complaints and testimony, the lawyer immediately to "deliberately destroyed of the insured property" has been convicted on charges, to jail for 24 months, and fined us $24000.
The essence of insurance law of the United States
Recently read the journal of the American academy of fine interpretation of insurance law, the book introduces the origin of insurance law, the basic principle of insurance claims, conclude a contract, take effect, the rights and obligations of the parties, each paper has states, the court of appeal in phase locked case with detailed analysis, give a person with intuitive and profound understanding, case law of Anglo-American law system and continental law system of legal interpretation of the statutes of the case analysis, have very big different, personally, can best embody the case law of Anglo-American law system about human anatomy, legislative field with consummate technique and charm, "insurance law".
The book on the contract, the effect of related problems, binder, policy service, causality (recency), waiver and estoppel related problems caused by the common disputes, grace period is with our country "insurance law" regulation, precedent and theory is different, but the difference is not big, the book describes the "claim of false oath" is not in our country "insurance law" regulation, the legal liability caused by also with our country "insurance law" the legislation original intention is different.
Many U.S. policy regulation, if the insured deliberately concealing important facts related to the loss, or did not disclose significant fact, the policy from the beginning is invalid.Filing a false oath to prove material can be used as the underwriter claim rejection reason.(above) reference book sworn evidence refers to the insurant, the insured to the insurer, court and the jury commitment, guarantee to provide the evidence for the claim of authenticity, validity bear legal responsibility.A U.S. appeals court said: "in the claims investigation phase, the importance of false statements are not see the truth of the outcome, in the future for the purpose of the insured submitted to take depositions is to allow insurance companies to obtain relevant knowledge or information, so as to further investigation, these knowledge or information can also help the company identify the insured liability, as well as the decision should be how to deal with the claim, therefore, as long as the false statement about research progress of the underwriter, can be concluded that it is of great significance."(the above) reference book to understand from the time period, "claims of a false oath" and when the insured is not truthfully inform is not the same, can be understood as a claims not truthfully inform, of course, deliberately submitted false oath documents constitute fraud, and has no intention of or due to the parties' understanding level, belong to negligence.In order to avoid deliberately fraud and negligence, some states went cloth prevent technology rejecting claims act, regulation: "only when the trial can prove fraud by the insured to fraud, the underwriter is misguided.
Insurance contract is a contract of utmost good faith, should truthfully inform through insurance, be or get out of danger, claims the whole process, at present our country "insurance law" only the insured's not truthfully inform regulations is relatively detailed, to manage compensate phase not truthfully inform should bear the legal responsibility seems less attention.Insurance companies in the United States and the court case about the practice of "false oath in claim", provisions in insurance industry, insurance law of China has important reference.
The book on the contract, the effect of related problems, binder, policy service, causality (recency), waiver and estoppel related problems caused by the common disputes, grace period is with our country "insurance law" regulation, precedent and theory is different, but the difference is not big, the book describes the "claim of false oath" is not in our country "insurance law" regulation, the legal liability caused by also with our country "insurance law" the legislation original intention is different.
Many U.S. policy regulation, if the insured deliberately concealing important facts related to the loss, or did not disclose significant fact, the policy from the beginning is invalid.Filing a false oath to prove material can be used as the underwriter claim rejection reason.(above) reference book sworn evidence refers to the insurant, the insured to the insurer, court and the jury commitment, guarantee to provide the evidence for the claim of authenticity, validity bear legal responsibility.A U.S. appeals court said: "in the claims investigation phase, the importance of false statements are not see the truth of the outcome, in the future for the purpose of the insured submitted to take depositions is to allow insurance companies to obtain relevant knowledge or information, so as to further investigation, these knowledge or information can also help the company identify the insured liability, as well as the decision should be how to deal with the claim, therefore, as long as the false statement about research progress of the underwriter, can be concluded that it is of great significance."(the above) reference book to understand from the time period, "claims of a false oath" and when the insured is not truthfully inform is not the same, can be understood as a claims not truthfully inform, of course, deliberately submitted false oath documents constitute fraud, and has no intention of or due to the parties' understanding level, belong to negligence.In order to avoid deliberately fraud and negligence, some states went cloth prevent technology rejecting claims act, regulation: "only when the trial can prove fraud by the insured to fraud, the underwriter is misguided.
Insurance contract is a contract of utmost good faith, should truthfully inform through insurance, be or get out of danger, claims the whole process, at present our country "insurance law" only the insured's not truthfully inform regulations is relatively detailed, to manage compensate phase not truthfully inform should bear the legal responsibility seems less attention.Insurance companies in the United States and the court case about the practice of "false oath in claim", provisions in insurance industry, insurance law of China has important reference.
U.S. immigration lawyer authority: EB - 5 green card can be awarded in a year
The EB - 5 investment immigration legislation drafters, the authority of the United States immigration lawyer Lincoln Stone at the invitation of lian hon immigrants came to guangzhou, accepted our reporter's interview.EB - 5 items of type "hotel for hotel guests created employment cost is recognized by the United States citizenship and immigration services," the question, Lincoln tells a reporter, at present the hotel EB - 5 projects tourist spending review relaxed employment method.This means that the hotel project can provide more employment opportunities for more immigrants ", please.But the premise is the hotel in the local is very scarce, allowed to use this easy calculation of employment.
Lincoln, points out that since the "Chicago convention center project" after the outbreak of fraud, the American government is continuing to perfect the multi-sectoral multiple regulation of EB - 5 project review, project of EB - 5 investment immigration Gold to raise and use compliance investigation, strengthen supervision.Among them the SFC committee has begun to survey area of the center, and through the law firm sent a summons to eight regional centers
EB - 5 investment immigration requirements investors to invest $500000 in the United States to the designated regional center, and create at least 10 full-time jobs."Jobs" is enough to create the applicant will be conditions of managed to get a green card.According to introducing, in view of the hotel before EB - 5 projects outside the hotel the extra cost of hotel guests (such as in the cinema, shopping centers, car parks, museums and other places of consumption) have created jobs, is not recognized by the us immigration, now the American immigration review relaxed, as long as the hotel is very scarce in the local, can pull the local consumption, can admit these jobs.Lincoln, he recently participated in two hotels of employment index has been successfully approved, which means that the hotel industry EB - 5 projects can create more job opportunities to investors.
U.S. immigration review is focused on EB - 5 job analysis report of the project, there are some EB - 5 projects rejected reason lies in the fact that could create employment situation is not as described as ideal job analysis report.So the employment analysis report to describe the employment situation of conservative easily approved, exaggerated will only make the United States citizenship and immigration services.
In 2013 is undoubtedly the EB - 5 investment immigrant "golden years" : the actual new fiscal year the United States citizenship and immigration services receive EB - 5 application case within 7000, and the national visa center for fiscal 2013 issued a total of 8567 pieces of EB - 5 investment immigrant visa.EB - 5 regional center for investment in the United States immigration bill issued 10 anniversary of EB - 5 investment immigration program whether it is a new application number, conclude the number, or the actual approval issued by the EB - 5 number of immigrant visas record highs.By or shut down the federal investment in Canada and the United States investment immigrant advantages factors, such as the United States in 2014 EB - 5 investment immigration will continue to fire explosion.
It is understood that at present, the United States citizenship and immigration services have set up new office in Washington.As of February 14, 2014, all of the I - 526 (the temporary green card, valid for 2 years) and I - 924 case (to become investment immigration approval to the center of the project area) of the trial has been transferred to the service center in Washington, and the other part is to remain in the California service center.United States citizenship and immigration services statement, now I - 526 and I - 829 (U.S. permanent green card) is the average processing time for 11 months.According to reporter understanding, the California service center I - 526 approval before time to 18 months.
Lincoln, points out that since the "Chicago convention center project" after the outbreak of fraud, the American government is continuing to perfect the multi-sectoral multiple regulation of EB - 5 project review, project of EB - 5 investment immigration Gold to raise and use compliance investigation, strengthen supervision.Among them the SFC committee has begun to survey area of the center, and through the law firm sent a summons to eight regional centers
EB - 5 investment immigration requirements investors to invest $500000 in the United States to the designated regional center, and create at least 10 full-time jobs."Jobs" is enough to create the applicant will be conditions of managed to get a green card.According to introducing, in view of the hotel before EB - 5 projects outside the hotel the extra cost of hotel guests (such as in the cinema, shopping centers, car parks, museums and other places of consumption) have created jobs, is not recognized by the us immigration, now the American immigration review relaxed, as long as the hotel is very scarce in the local, can pull the local consumption, can admit these jobs.Lincoln, he recently participated in two hotels of employment index has been successfully approved, which means that the hotel industry EB - 5 projects can create more job opportunities to investors.
U.S. immigration review is focused on EB - 5 job analysis report of the project, there are some EB - 5 projects rejected reason lies in the fact that could create employment situation is not as described as ideal job analysis report.So the employment analysis report to describe the employment situation of conservative easily approved, exaggerated will only make the United States citizenship and immigration services.
In 2013 is undoubtedly the EB - 5 investment immigrant "golden years" : the actual new fiscal year the United States citizenship and immigration services receive EB - 5 application case within 7000, and the national visa center for fiscal 2013 issued a total of 8567 pieces of EB - 5 investment immigrant visa.EB - 5 regional center for investment in the United States immigration bill issued 10 anniversary of EB - 5 investment immigration program whether it is a new application number, conclude the number, or the actual approval issued by the EB - 5 number of immigrant visas record highs.By or shut down the federal investment in Canada and the United States investment immigrant advantages factors, such as the United States in 2014 EB - 5 investment immigration will continue to fire explosion.
It is understood that at present, the United States citizenship and immigration services have set up new office in Washington.As of February 14, 2014, all of the I - 526 (the temporary green card, valid for 2 years) and I - 924 case (to become investment immigration approval to the center of the project area) of the trial has been transferred to the service center in Washington, and the other part is to remain in the California service center.United States citizenship and immigration services statement, now I - 526 and I - 829 (U.S. permanent green card) is the average processing time for 11 months.According to reporter understanding, the California service center I - 526 approval before time to 18 months.
American professional lawyer's vows
American professional lawyer's vows
Firstly, I will keep in mind the law practice is one of my career, and would like to put to the practice of law to make a living meaning in professional sense.
Second, I will be in your own words and deeds to fully respect the law and legal system in our country.
Three, I will remember my service responsibility, like court personnel and personal rights activists.
Four, I will take time and energy contribution to the public service, public education and charity, and provide public legal services to the area.
Five, I will work with other participants in the legal system, including judges, other lawyers and other professional roles with oneself is different, so as to promote China's legal system more complete and efficient.
Six, I will be quick and capable to dealing with legal affairs.
Seven, I will try to resolve the dispute through mediation.
Eight, I will make a influence on the decisions of the principal to ensure that they know.
Ten, I will pursue and maintain skilled in practice.
11, I will be courteous treatment in the process of work in contact with the people.
12, I will exalt himself permissions of the spirit of the rules of professional conduct can be optimal or codes, intention and requirements, and also respect others.
Firstly, I will keep in mind the law practice is one of my career, and would like to put to the practice of law to make a living meaning in professional sense.
Second, I will be in your own words and deeds to fully respect the law and legal system in our country.
Three, I will remember my service responsibility, like court personnel and personal rights activists.
Four, I will take time and energy contribution to the public service, public education and charity, and provide public legal services to the area.
Five, I will work with other participants in the legal system, including judges, other lawyers and other professional roles with oneself is different, so as to promote China's legal system more complete and efficient.
Six, I will be quick and capable to dealing with legal affairs.
Seven, I will try to resolve the dispute through mediation.
Eight, I will make a influence on the decisions of the principal to ensure that they know.
Ten, I will pursue and maintain skilled in practice.
11, I will be courteous treatment in the process of work in contact with the people.
12, I will exalt himself permissions of the spirit of the rules of professional conduct can be optimal or codes, intention and requirements, and also respect others.
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